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The court approved estate accounts but found the executor’s fee claim excessive, fixing remuneration for both estates at a lump sum of $400,000.
The court held the alter-ego trust was valid and properly constituted, found the trust property was conceptually certain, and dismissed the Wills Variation Act claim as moot.
The court dismissed Erika Mayer’s claim to her father’s home, finding the property was a true joint tenancy that passed to Ursula Breidt by survivorship.
Costs decision in estate litigation: the undertaking application was dismissed, special costs were ordered personally against opposing counsel, and other costs issues largely followed the settlement.
The court refused leave to amend a Wills Variation Act claim to plead that a 1983 marriage agreement was unfair under the Family Relations Act.
Passing of accounts and solicitor fee review in an estate matter. The court allowed one probate bill, reduced a later bill, and fixed executor remuneration at $15,000.
The court found unjust enrichment and imposed a constructive trust over the parcel occupied by the plaintiff. It also held the joint bank account balances formed part of the estate.
The Court of Appeal held leave was unnecessary, so the appellant had an appeal as of right. It dismissed a stay of execution and rejected indigent status.
The court ordered in camera review of additional solicitor documents about a share transfer and required production of specified company records relevant to valuation and deprivation.
The court refused to strike defamation defences of justification, fair comment, and fair reporting, but held prior WVA findings on the property advances binding.
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